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501 So. 2d 105

501 So.2d 105

12 Fla.L.Weekly 303

Farley v. State

District Court of Appeal of Florida

Decided January 20, 1987

District Court of Appeal of Florida · decided 1987-01-20

Relies on 463 So. 2d 398 - Davis v. State · 493 So. 2d 515 - Baker v. State · 466 So. 2d 1182 - Brooks v. State

Decided 1987-01-20

PER CURIAM.

¶1The trial court considered prior out of state convictions in arriving at a sentence under the “guidelines” without same having been properly before the trial court. Baker v. State, 493 So.2d 515 (Fla. 1st DCA 1986); Brooks v. State, 466 So.2d 1182 (Fla. 1st DCA 1985); Davis v. State, 463 So.2d 398 (Fla. 1st DCA 1985).

¶2Therefore, the appellant’s 3.850 motion was well taken and the denial thereof is reversed and the matter returned to the trial court with directions to vacate the sentence and conduct a new sentencing hearing.

¶3Reversed and remanded with directions.

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